§ 24-3-4-12 — Seizure of cigarettes; search warrants

(a) If the department or a law enforcement
officer discovers cigarettes that are in violation of section 8 or 9 of this
chapter, the department or a law enforcement officer may seize and
take possession of the cigarettes together with any vending machine or
receptacle in which the cigarettes are held for sale. The seized
cigarettes, vending machine, or receptacle, not including money
contained in the vending machine or receptacle, shall be forfeited to the
state. The department or law enforcement agency shall, within a
reasonable time after the seizure, destroy the confiscated cigarettes and
vending machine or receptacle.
(b) The confiscation, destruction, sale, or redemption of cigarettes
does not relieve a person of any penalties imposed for violation of this
chapter.
(c) When the department has reason to believe that any cigarettes
are being kept, sold, offered for sale, or given away in violation of this
chapter, an officer of the department or a law enforcement officer may
make an affidavit for a search warrant under IC 35-33-5. If the judge
issues a search warrant under IC 35-33-1, a law enforcement officer or
an authorized agent of the department may search any place or vehicle
designated in the affidavit and search warrant and seize any cigarettes.

Legislative History

As added by P.L.21-2000, SEC.10.